Fourentee Posted October 3, 2013 Report Share Posted October 3, 2013 Just a minor point Steve. It is libelous not slanderous, slanderous is spoken . For the record, I made the same point on another topic a while ago and was (rightly) taken to task for not being up to date with recent case law: The High Court has ruled that defamation on internet bulletin boards is akin to slander rather than libel. Mr Justice Eady hearing a case regarding posts on an investors bulletin board (or forum) has said that such comments are not to be taken in the same context as a formal newspaper (etc) article and are more like slander due to the casual or conversational nature of them. Mr Justice Eady stated that posts on bulletin boards "are rather like contributions to a casual conversation (the analogy sometimes being drawn with people chatting in a bar) which people simply note before moving on; they are often uninhibited, casual and ill thought out...Those who participate know this and expect a certain amount of repartee or 'give and take'." As such "When considered in the context of defamation law, therefore, communications of this kind are much more akin to slanders (this cause of action being nowadays relatively rare) than to the usual, more permanent kind of communications found in libel actions...People do not often take a 'thread' and go through it as a whole like a newspaper article. They tend to read the remarks, make their own contributions if they feel inclined, and think no more about it." Full article [Reading Room]. 1 Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 I have known Andy Povey for a few years now and have no reason to believe he would shut down the site for no reason. The last season Newport Speedway operated Andy came in and run the site with me, he updated it when i was away working free of charge and never asked for a bean. He programmed a lot of the final design whilst i done the graphics and again didnt charge a penny. He knew Newport were in the crap financially and wanted to help. I remember when the BSPA/go speed brought in the rule that all club sites were to be hosted on the bspa server and .co domains to be used and they were extremely arrogant in their way of instructing you to do so, i received the email myself. Clubs got their domain and webspace for free so werent too bothered but i thought it stank from the start. Im onl Only making a suggestion BUT i know enough about andy to know the site wouldnt of gone offline without a very good reason. Lewis Parsons Link to comment Share on other sites More sharing options...
A ORLOV Posted October 3, 2013 Report Share Posted October 3, 2013 (edited) For the record, I made the same point on another topic a while ago and was (rightly) taken to task for not being up to date with recent case law: The High Court has ruled that defamation on internet bulletin boards is akin to slander rather than libel. I studied law years ago and have been retired 17 years, and not up to date with recent rulings, thoughts. I can understand the logic behind the ruling in that case, but that may change again. Sorry Stevebrum it seems you could be correct in the use of slanderous. Edited October 3, 2013 by A ORLOV 1 Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 Why are people putting Andys address on this forum? Disgraceful. 1 Link to comment Share on other sites More sharing options...
Tom Turner Posted October 3, 2013 Report Share Posted October 3, 2013 Do me a favour..He's not a child for a start. He's still in school! Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 Of course its going to be on his site, its a business site for god sake. Whats disgraceful is a bunch of fans posting exactly where he lives and what type of house he lives in on a public forum . Why are you doing that? What has his address got to do with anything? You would be very wise to wait for an official explination, as im sure one will be issued, before lynching the guy. Most of you dont know him, I do and many others will back me up in saying its not a stunt he would pull without a very good reason. Coupled with public facts regarding birmingham speedways financial problems this season i would hazard a guess there is more tothis than proving a petty point. Dont forget andy povey has a very very good friendship with birminghams phil morris, unless that has changed in the last couple of months 5 Link to comment Share on other sites More sharing options...
Barry The Cat Posted October 3, 2013 Report Share Posted October 3, 2013 (edited) On what I've seen, there are only two possible outcomes. A. something less than honesty behind the scenes B. the website hosting is woefully and inexcusably inadequate, even if that's the unlikely case, not doing anything about it is also unacceptable, as quite clearly its' been shown as not fit for purpose and clubs have a right to complain if it's costing them revenue. The full facts will come out in time and egg will be on the face of certain loudmouthed people. The abuse that Povey has and is receiving is a disgrace! Edited October 3, 2013 by Barry The Cat 1 Link to comment Share on other sites More sharing options...
Grachan Posted October 3, 2013 Report Share Posted October 3, 2013 Of course its going to be on his site, its a business site for god sake. Whats disgraceful is a bunch of fans posting exactly where he lives and what type of house he lives in on a public forum . Why are you doing that? What has his address got to do with anything? You would be very wise to wait for an official explination, as im sure one will be issued, before lynching the guy. Most of you dont know him, I do and many others will back me up in saying its not a stunt he would pull without a very good reason. Coupled with public facts regarding birmingham speedways financial problems this season i would hazard a guess there is more tothis than proving a petty point. Dont forget andy povey has a very very good friendship with birminghams phil morris, unless that has changed in the last couple of months I agree. A club's website goes down for a period and it's akin to a public lynching on here. The mind boggles really. Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 Where were you expecting him to operate his business from - the houses of parliament? He runs a few websites, why splash out on an office or building when he can simply run his business from home minimizing all costs. I have not spoken with andy at all, but would bet a large anount of money that his name will be cleared when the truth emerges . He is not the type of guy and that i do know for a fact. Link to comment Share on other sites More sharing options...
greyhoundp Posted October 3, 2013 Author Report Share Posted October 3, 2013 No one has been publically hung, what i have asked, is that The BSPA make an official statement as to why The Brummie site was allegedly closed down, and apparently no other. quite a simple request i would have thought, after all it was allegedly at there request that it was closed, and AP media did it on there behalf. Link to comment Share on other sites More sharing options...
TheReturn Posted October 3, 2013 Report Share Posted October 3, 2013 (edited) If that's the case, he's hardly helping himself to get it by taking it offline and costing them revenue, revenue that could be paid to him. Actually every website hosting company does exactly the same thing. If a bill is not paid, they disable the website account and don't provide access to the service until the bill is paid. But doubt that is the issue in this case as I assume the BSPA pay the bill. Edited October 3, 2013 by TheReturn Link to comment Share on other sites More sharing options...
david2905 Posted October 3, 2013 Report Share Posted October 3, 2013 Actually every website hosting company does exactly the same thing. If a bill is not paid, they disable the website account and don't provide access to the service until the bill is paid. But doubt that is the issue in this case as I assume the BSPA pay the bill. You really think cutting off a revenue stream to a company that owes money and doesn't have that much spare is going to help you get that money then ?, looks like shooting yourself in the foot from where I'm sitting. Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 If you own a mobile phone contract and dont pay your bill, they cut you off until you pay up. Same as sky tv, virgin tv etc. if you dont pay your rent you get evicted. Same as websites. Although i dont think andy does brums website anymore so this isnt the case, as i said was only a suggestion. Link to comment Share on other sites More sharing options...
uk_martin Posted October 3, 2013 Report Share Posted October 3, 2013 If you own a mobile phone contract and dont pay your bill, they cut you off until you pay up. Same as sky tv, virgin tv etc. if you dont pay your rent you get evicted. Same as websites. Although i dont think andy does brums website anymore so this isnt the case, as i said was only a suggestion. AP Media provide web space and hosting to all speedway clubs on their server as part of their contract with the BSPA. It's not something that is charged for in the way that mobile phones are charged for. There is no question about the web space not having been paid for. Link to comment Share on other sites More sharing options...
david2905 Posted October 3, 2013 Report Share Posted October 3, 2013 (edited) Are you completely thick? And you've just lost all credibility, considering your the only one "swimming against the tide" so to speak, we've seen no evidence your version of events is any truer than anyone elses. There is no question about the web space not having been paid for. Which seems to fly in the face of your version Mr Pinstripe. Edited October 3, 2013 by david2905 Link to comment Share on other sites More sharing options...
TheReturn Posted October 3, 2013 Report Share Posted October 3, 2013 You really think cutting off a revenue stream to a company that owes money and doesn't have that much spare is going to help you get that money then ?, looks like shooting yourself in the foot from where I'm sitting. Well I don't think money is the issue in this case, however, for the sake of argument. If you are paying £X a month for a server, then you have 10 clients paying say £X+X a month to use that server you are making a profit from those customers. If one or more of those customers refused to pay, but you are still paying out yourself, you are suggesting you carry on using your money for those customers to use a service for free. Get real. Link to comment Share on other sites More sharing options...
Pinny Posted October 3, 2013 Report Share Posted October 3, 2013 I retract my last post, i forgot andy doesnt maintain brums website anymore. But i know andy charges a set up fee for making the website and then a monthly maintaince fee for running the site, hence why i thought he may of been owed money. However, the bspa surely wouldnt have a guy running their site and many others as well as controlling all clubs servers if he has a habit of shutting down servers willy nilly, would they? There is more to this story than what people think i am almost positive of that. And when the truth comes out there will be some people looking rather silly Link to comment Share on other sites More sharing options...
BWitcher Posted October 3, 2013 Report Share Posted October 3, 2013 the point being its the BUSINESS address and shows how "small scale" the operation really is, why is that wrong? when you buy something on the web do you not check out the address first via street view? <slanderous comment removed> What on earth has that got to do with anything? There are many businesses now that operate from home, some with very high turnovers too. Welcome to the modern world. Link to comment Share on other sites More sharing options...
SGP Posted October 3, 2013 Report Share Posted October 3, 2013 AS I suspected, it appears true that Chris has been banned in some capacity. Please see the below from Chris' Facebook. "Many thanks for all the pm's, texts and calls today from everyone. For now I'd prefer not to comment on what's gone on but I can confirm I will not be presenting at Coventry Speedway tomorrow and it's looking doubtful I will be allowed to present Birmingham Brummies Grand Final a week on Monday. The only thing I will add is I have received support from several Speedway Promoters and I hope all is resolved asap." Link to comment Share on other sites More sharing options...
Jacques Posted October 3, 2013 Report Share Posted October 3, 2013 I assume the relevant parties were asked for a reason why the site was closed? Link to comment Share on other sites More sharing options...
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